Mark Pedigo is a director with Baker Tilly’s forensic, litigation and valuation services practice. For more than three decades, Mark has focused on the quantification and analysis of economic damages and valuation of assets in matters related to patent, trade secret, trademark and copyright infringement; breach of contract and other commercial disputes; construction disputes; alter ego and other forensic accounting.
Mark also provides consulting, valuation and expert testimony services to counsel on behalf of intellectual property owners and accused infringers involved in intellectual property disputes such as patent infringement, copyright infringement, trade dress and trademark infringement, unfair competition and misappropriation of trade secrets. In addition, he provides intellectual property valuation and royalty rate consulting to clients for licensing, tax and other business purposes, as well as providing royalty audit services to intellectual property licensors and licensees.
- Patent infringement: analyzed the reasonable royalty damages sustained by a manufacturer of noise cancelling headphones because of a competitor’s alleged infringement of utility and design patents. The reasonable royalty analysis included an analysis of the appropriate form of royalty (i.e., lump sum, per unit royalty, or percentage royalty), the hypothetical negotiation date, the appropriate royalty base based on an analysis of the entire market value rule, and the appropriate royalty rate using a Georgia-Pacific analysis
- Patent infringement: analyzed the reasonable royalty damages for the plaintiff related to the defendant's alleged infringement of several patents pertaining to electronic patient health records, insurance claims processing, and other related software. Analyzed comparable licenses utilizing the analytical approach, analyzed the defendant's profit projections at or near the date of the hypothetical negotiation and evaluated the entire market value rule
- Patent infringement: retained on behalf of the defendant to analyze the plaintiff’s damages claim and provide an independent analysis of the damages sustained by the plaintiff as a result of the defendant’s infringement of a patent related to medical devices. Analyzed the market and competitive positions of the two companies, including information related to demand for the patented product, interchangeability of demand, the availability of non-infringing substitutes, the plaintiff’s marketing, manufacturing and financial capacities, available market share information, the applicability of the entire market value rule, the plaintiff’s profitability on its sales and reasonable royalty damages
- Copyright infringement: analyzed damages claimed by a baby-clothing importer because of alleged copyright infringement of a fabric design. Assessed the plaintiff’s claim for lost profits, brand degradation, price erosion and prejudgment interest damages. Also analyzed the plaintiff’s claim for disgorgement of the defendant’s profits, including deductible expenses and the portion of the defendant’s profits not attributable to the alleged infringement
- Copyright infringement: analyzed damages and lost profits claimed by the plaintiff because of alleged infringement of copyrighted house plans by several custom home builders. The engagement also included an analysis of the plaintiff’s claim for disgorgement of the defendant’s profits, including deductible expenses and the portion of the defendant’s profits not attributable to the alleged infringement
- Trademark/trade dress infringement, unfair competition, false designation of origin: analyzed the reasonable royalty damages sustained by healthcare company because of a defendant’s alleged trademark infringement. Also analyzed the alleged infringer’s profits from the sale of products alleged to infringe the trademarks, including an analysis of relevant sales revenue, deductible costs and apportionment of profits to the use of the accused trademarks. The reasonable royalty analysis included an analysis of the appropriate form of royalty (i.e., lump sum, per unit royalty, or percentage royalty), the hypothetical negotiation date, the appropriate royalty base, and the appropriate royalty rate using a modified Georgia-Pacific analysis
- Trademark/trade dress infringement, unfair competition, false designation of origin: analyzed a plaintiff real estate broker’s claim for lost profits and defendant profits, including rebuttal of lost profits opinions, lost profit causation opinions, and disgorgement of profits revenue opinions. Also prepared an independent analysis of the defendant’s revenue, deductible costs and the portion of the costs that was attributable to the accused marks
- Misappropriation of trade secrets: analyzed damages experienced by a distributor of medical devices as well as the defendant’s unjust enrichment because of an alleged misappropriation of trade secrets. The engagement included the analysis of lost profit damages as well as the defendant’s profits
- Misappropriation of trade secrets: analyzed the damages experienced by an online provider of aftermarket auto parts as well as the defendant’s unjust enrichment because of a competitor’s alleged misappropriation of trade secrets. The engagement included the calculation of lost profit damages and price erosion damages, as well as the defendant’s profits and avoided development costs
- Mark has testified more than 50 times in trials and depositions in state and federal courts and has provided arbitration testimony on matters involving intellectual property damages, construction damages, commercial damages, valuation and alter ego related forensic accounting
- Mark is a frequent author and presenter on topics related to patent, trade secret, trademark and copyright infringement damages.
- “Use of the Book of Wisdom in Reasonable Royalties,” IP Watchdog, November 2018
- “Challenges in Analyzing Patent Infringement Reasonable Royalty Damages: Strategies and Approaches,” presenter, NACVA Financial Litigation and Expert Witness SuperConference, November 2017
- “Infringer Profits in Design Patent Cases,” IP Watchdog, July 2017
- “Analytical Approach Still Acceptable For Reasonable Royalties,” Law360, May 2017
- “Determining Reasonable Royalties With Analytical Approach,” Law360, March 2017
- “Patent Infringement: Practical Guide and Best Practices to Prove Royalty Damages,” co-presenter, live webcast, The Knowledge Group, December 2016
- “Patent Infringement: Proving Royalty Damages Under Increased Federal and District Court Scrutiny,” co-presenter, live webcast, The Knowledge Group, July 2015
- “Patent Strategies: Developing a Thorough Plan,” co-presenter, private law firm seminar, December 2014
- “Royalty & Damages Calculations for Patent Infringement Cases – Strategies, Tactics & Trends,” co-presenter, private law firm seminar, December 2013
- “Patent Infringement Reasonable Royalty Damages Strategies in Light of Recent Federal Circuit Decisions,” co- presenter, live webcast, The Knowledge Group, October 2013
- “Piercing the Corporate LLC Veil – The Law and the Proof,” co-presenter, Colorado Bar Association, June 2012
- “Patent Infringement Damages: An Overview of Approaches to Consider in Light of Recent Court Decisions,” co- presenter, 10th Annual Rocky Mountain Intellectual Property & Technology Institute, May 2012
- “Patent Infringement Reasonable Royalty Damages: Factors to Consider in Light of Recent Federal Circuit Reasonable Royalty Related Opinions,” private industry seminar, March 2012
- Certified Public Accountant
- Accredited in Business Valuation
- Certified in Financial Forensics
Location
Denver, CO
Education
Master of Science in management and finance
University of Colorado, Denver
Bachelor of Business Administration
Texas Tech University
